Case Note & Summary
The appeal arose from a conviction under the SC & ST (Prevention of Atrocities) Act, 1989 and various IPC sections. The incident occurred on 24.02.2009 during a Jatra at Hunasihole village, where the complainant and others were beating drums. The appellants allegedly abused them with caste names and assaulted them. The trial court convicted the appellants. The High Court noted that a counter case arising from the same incident was not tried together, which is mandatory. Additionally, the prosecution witnesses resiled from their examination-in-chief on the ground of compromise. The court held that the failure to try cross-cases together vitiates the conviction, and witnesses resiling cannot be prosecuted under Section 195 IPC. The appeal was allowed, and the conviction was set aside.
Headnote
A) Criminal Procedure Code - Trial of Cross-Cases - Failure to try cross-cases together - The trial court convicted the appellants without trying the counter case arising from the same incident, which is a mandatory requirement under Section 239 Cr.P.C. and settled law. The High Court held that such failure vitiates the conviction as it deprives the accused of a fair trial and the benefit of evidence in the cross-case. (Paras 1, 10-12) B) Indian Penal Code - Section 195 - Prosecution for giving false evidence - Witnesses who resile from their examination-in-chief on the ground of compromise with the accused cannot be prosecuted under Section 195 IPC for perjury, as their resiling is not necessarily false but may be due to compromise. The court observed that such witnesses cannot be treated as hostile for the purpose of prosecution under Section 195 IPC. (Paras 1, 13-14) C) SC & ST (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Conviction set aside - The conviction under Section 3(1)(x) of the SC & ST Act was set aside due to the failure to try cross-cases together and the unreliable nature of the prosecution witnesses who resiled from their evidence. The High Court allowed the appeal and acquitted the appellants. (Paras 15-16)
Issue of Consideration
Whether failure to try case and counter case together vitiates the judgment of conviction? And, whether witnesses who resile from their examination-in-chief on ground of compromise with accused could be prosecuted under Section 195 IPC?
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted.
Law Points
- Failure to try cross-cases together vitiates conviction
- Witnesses resiling on ground of compromise cannot be prosecuted under Section 195 IPC
- Benefit of doubt when cross-case not tried together
